CARMELITA FUDOT,
claims.
- versus -
CATTLEYA LAND, INC.,
Facts:
Sometime in July 1992, Cattleya Land, Inc. (hereinafter referred to
as respondent) asked someone to check, on its behalf, the titles of
nine (9) lots, the subject land included, which it intended to buy
from the spouses Troadio and Asuncion Tecson.  Finding no defect
on the titles, respondent purchased the nine lots through a Deed of
a Deed of Absolute Sale on August 30, 1993.
Titles to six (6) of the nine (9) lots were issued, but the Register of
Deeds refused to issue titles to the remaining three (3) lots, because
the titles covering the same were still unaccounted for.
On 23 January 1995, petitioner presented for registration before the
Register of Deeds the owner's copy of the title of the subject
property, together with the deed of sale purportedly executed by
the Tecsons in favor of petitioner on 19 December 1986.
On 5 May 1995, respondent filed its Complaint for Quieting Of
Title &/Or Recovery Of Ownership, Cancellation Of Title With
Damages before the Regional Trial Court of Tagbilaran City.
The RTC ruled in favor of the respondent finding that Asuncion’s
signature on the petitioner’s deed of sale was forged and therefore
void, leading petitioner to appeal to the CA. The CA also ruled in
favor of the petitioner citing petitioner’s failure to rebut
Asuncion’s testimony of the forged signature. Hence, this petition.
Issue: Whether or not a double sale exists in this case as petitioner
Ruling:
There is no double sale to speak of. Art. 1544 of the Civil Code,
which provides the rule on double sale, applies only to a situation
where the same property is validly sold to different vendees.  In
this case, there is only one sale, that between the spouses Tecson
and respondent.
Even assuming that there was double sale in this case, petitioner
would still not prevail. The pertinent portion of Art. 1544 provides:
Art. 1544.  x x x.
Should it be immovable property, the ownership shall belong to the
person acquiring it who in good faith first recorded it in the
Registry of Property.
The act of registration shall be the operative act to convey or affect
the land insofar as third persons are concerned, and in all cases
under this Decree, the registration shall be made in the office of the
Register of Deeds for the province or city where the land lies.
Why it took petitioner nine (9) years to present the deed and the
owner's copy, she had no credible explanation; but it is clear that
when she finally did, she already had constructive notice of the
deed of sale in respondent's favor.  Without a doubt, respondent
had acquired a better title to the property.
Petiton denied. The decision and resolution of the CA are affirmed.